NALINAKSHA PATRA Vs. RABINDRA NATH MUKHERJEE

JUDGEMENT

(1.) This revisional application is directed against Order No. 24 dated 9th July, 2013 passed by the learned Civil Judge (Junior Division), 4th Court at Alipore, South 24- Parganas in Ejectment Suit No. 222 of 2010.

(2.) The petitioner is the defendant in a suit for eviction only on the ground of default. The petitioner submits that there was a tenancy agreement between him and the landlord/plaintiff/opposite party whereby the landlord agreed that the rate of rent of the premises under tenancy would be at Rs.700/- per month but subject to certain terms and conditions on the failure of which there would be an abatement of rent and the defendant would be liable to pay rent at the rate of Rs.300/- per month. The defendant filed an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 and prayed for determining the dispute as regard the rate of rent after taking into consideration of the tenancy agreement dated 1st February, 2005. In the order impugned the learned Court below has held that no objection has been filed by the landlord/plaintiff. It has been held by the learned Court below that the defendant paid the monthly rent from August, 2010 to May, 2013 at the rate of Rs.300/- per month except the month of November, 2010. It has been further held by the learned Court below that the defendant did not file any rent receipt or challan for showing the deposit for the months of January, 2010 to July, 2010 and November, 2010. Therefore, according to the learned Court below there is a default of eight months in total. The learned Court below has held that the defendant has failed to produce any evidence in support of his prayer for abatement of rent as claimed by the defendant/tenant.

(3.) Having heard the parties and having considered the order impugned and other materials on record, this Court directs the defendant/tenant to make payment of rent of the said eight months i.e. for the months of January, 2010 to July, 2010 and November, 2010 in the Court below at the same rate at which the defendant has paid earlier i.e. Rs.300/- per month.